Terms and Conditions
1. This online service consists of information services and content generated by Lucian Carnival, affiliates and other related third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of LucianCarnival.com.
(A) This Agreement, which incorporates by reference other provisions applicable to use of LucianCarnival.com, sets forth the terms and conditions that apply to use of LucianCarnival.com by the Subscriber. By using LucianCarnival.com, the Subscriber agrees to comply with all of the terms and conditions hereof. The right to use LucianCarnival.com is personal to Subscriber and is not transferable to any other person or entity. The Subscriber is responsible for complying fully with the provisions of this Agreement. The Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), account(s) and username(s), if any.
(B) LucianCarnival.com shall have the right at any time to change or discontinue any aspect or feature of LucianCarnival.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
LucianCarnival.com shall have the right at any time to change or modify the terms and conditions applicable to the Subscriber's use of LucianCarnival.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on LucianCarnival.com, or by electronic or conventional mail, or by any other means by which the Subscriber obtains notice thereof. Any use of LucianCarnival.com by the Subscriber after such notice shall be deemed to constitute acceptance by the Subscriber of such changes, modifications or additions.
The Subscriber shall be responsible for obtaining and maintaining all telecommunications, computer hardware and other equipment needed for access to and use of LucianCarnival.com and all charges related thereto.
5. Subscriber Conduct
(A) The Subscriber shall use LucianCarnival.com for lawful purposes only. The Subscriber shall not post or transmit through LucianCarnival.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the discretion of Lucian Carnival restricts or inhibits any other Subscriber from using or enjoying LucianCarnival.com will not be permitted. The Subscriber shall not use LucianCarnival.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with LucianCarnival.com.
(B) LucianCarnival.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of LucianCarnival.com are copyrighted as a collective work under copyright laws of Saint Lucia. Lucian Carnival owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The Subscriber may download copyrighted material for the Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the expressed written permission of Lucian Carnival and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) The Subscriber shall not upload, post or otherwise make available on LucianCarnival.com any material protected by copyright, trademark or other proprietary right without the expressed written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Subscriber. The Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of LucianCarnival.com, the Subscriber automatically grants, or warrants that the owner of such material has expressly granted Lucian Carnival the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. The Subscriber hereby grants Lucian Carnival the right to edit, copy, publish and distribute any material made available on LucianCarnival.com by the Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of LucianCarnival.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) THE SUBSCRIBER EXPRESSLY AGREES THAT USE OF LUCIANCARNIVAL.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER LUCIANCARNIVAL.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LUCIANCARNIVAL.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LUCIANCARNIVAL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH LUCIANCARNIVAL.COM.
(B) LUCIANCARNIVAL.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT LUCIANCARNIVAL.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE SUBSCRIBER.
(D) IN NO EVENT WILL LUCIANCARNIVAL.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LUCIANCARNIVAL.COM OR THE LUCIANCARNIVAL.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LUCIANCARNIVAL.COM. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON LUCIANCARNIVAL.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, LUCIANCARNIVAL.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LUCIANCARNIVAL.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
The Webmaster shall have the right, but not the obligation, to monitor the content of LucianCarnival.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established and to satisfy any law, regulation or authorized government request. LucianCarnival.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on LucianCarnival.com. Without limiting the foregoing, the Webmaster shall have the right to remove any material that in his discretion is found to be in violation of the provisions hereof or otherwise objectionable.
The Subscriber agrees to defend, indemnify and hold harmless LucianCarnival.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of LucianCarnival.com by the Subscriber.
Either LucianCarnival.com or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, LucianCarnival.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Lucian Carnival, in their sole discretion, consider to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Lucian Carnival and logos are trademarks of Lucian Carnival. All rights reserved. All other trademarks appearing on LucianCarnival.com are the property of their respective owners.
11. Third Party Content
LucianCarnival.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, LucianCarnival.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of LucianCarnival.com, are those of the respective author(s) or distributor(s) and not of LucianCarnival.com. Neither LucianCarnival.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through LucianCarnival.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with LucianCarnival.com. LucianCarnival.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on LucianCarnival.com by anyone other than authorized Lucian Carnival employees or spokespersons while acting in their official capacities. Under no circumstances will Lucian Carnival be liable for any loss or damage caused by a Subscriber's reliance on information obtained through LucianCarnival.com. It is the responsibility of the Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through LucianCarnival.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for LucianCarnival.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Saint Lucia. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent
LucianCarnival.com respects the rights of all copyright holders and in this regard, LucianCarnival.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide details to the Webmaster via our feedback form. Details should include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For web posting, authorization, consent, reprint, or licensing requests for LucianCarnival.com material, please requests send via our feedback form. Republication or redistribution of content on this website is expressly prohibited without the prior written consent of LucianCarnival.com.
You may include a link to the Home Page of our website (http://luciancarnival.com/) from your own website without seeking permission, but links to any other page of this website are subject to the express written permission of the Lucian Carnival. Link to our website must open in a new window, and not within a frame from your own site. If you have need any further assistance please send comments via our feedback form.